Michael T. Gershberg
is a corporate partner resident in Fried Frank's Washington, DC office.
Mr. Gershberg's practice focuses on the representation of foreign and domestic clients regarding the application of economic sanctions and export control laws and regulations, including the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and economic sanctions administered by the Office of Foreign Assets Control (OFAC). Mr. Gershberg also advises clients on their obligations under the antiboycott and anti-money laundering rules.
Mr. Gershberg's work in the export control and economic sanctions area includes advocacy before governmental agencies, conducting internal investigations, and preparing voluntary self-disclosures and other legal submissions. He also assists clients in connection with export transactions and enforcement issues, due diligence for mergers and acquisitions, economic sanctions and export control training, determining export jurisdiction and classification, developing compliance plans and providing compliance counseling, and export licensing.
Mr. Gershberg also advises clients concerning regulatory issues related to foreign investment transactions, including proceedings before the inter-agency Committee on Foreign Investment in the United States (CFIUS).
Mr. Gershberg's practice involves matters of data protection and cybersecurity. He counsels companies regarding encryption import, export, and use rules in the United States and jurisdictions around the world. His experience with encryption items includes product classification, encryption licensing, and related compliance and enforcement issues. He also advises companies regarding their rights and obligations under the surveillance provisions of the Electronic Communications Privacy Act (ECPA), the Communications Assistance for Law Enforcement Act (CALEA), the Federal Wiretap Act (Title III), and federal and state privacy laws.
In addition, Mr. Gershberg's practice includes trade issues arising out of the US antidumping and countervailing duty laws. He represents clients in proceedings before the US Department of Commerce and the US International Trade Commission, including investigations, administrative reviews, sunset reviews, and section 129 proceedings. Mr. Gershberg has successfully represented clients in appellate litigation before the Court of International Trade, the Court of Appeals for the Federal Circuit, and NAFTA binational panels and Extraordinary Challenge Committees. He also counsels US companies and industry associations subject to antidumping and countervailing duty procedings in foreign countries and advises clients on trade matters arising under the agreements of the World Trade Organization.
Mr. Gershberg's experience extends to Customs compliance issues, including tariff classifications, country-of-origin regulations, and NAFTA-related Customs provisions. He counsels companies on making country-of-origin assessments to ensure compliance with Customs regulations and the Department of Commerce's anti-circumvention rules. He has prepared numerous successful Customs protests of wrongful liquidations and voluntary prior disclosures of potential Customs violations.
Prior to joining Fried Frank in 2014, Mr. Gershberg was of counsel at a large international law firm.
Honors & Awards
Mr. Gershberg is recognized by Chambers USA: America's Leading Lawyers for Business as a "Recognized Practitioner" in International Trade: CFIUS Experts.
Member, Law360 International Trade Editorial Advisory Board (2017-2018)
Bar Admissions/Licensed Jurisdictions
New York; District of Columbia; US Court of Appeals for the Third Circuit; US Court of Appeals for the Federal Circuit; US Court of International Trade